QUESTION

my husband was killed.The other driver was cited for speeding but my husband was dui can I still sue? My husband was stopped at the intersection.

Asked on Oct 15th, 2011 on Automobile Accidents - Georgia
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2 ANSWERS

Personal Injury Attorney serving Atlanta, GA at Jonathan W. Johnson LLC
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Yes, you may sue; however, if your husband was more than 50% at fault for the accident it was completely bar his recovery.  Under Georgia law, if you are less than 50% at fault for the accident, fault would be apportioned among the parties and you would receive a recovery reduced by his proportion of fault.   www.gawronfuldeathlawyer.com  404-298-0795.
Answered on Nov 17th, 2011 at 1:07 PM

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First off, I am sorry to hear about your loss.  Second, to answer your question: You may be able to bring a claim here - if your husband was stopped at the intersection legally and rightfully, and another driver caused the accident due to speeding.  This is true even though your husband may have been under the influence.  You should speak with a personal injury attorney and provide additional details.  The attorney likely offers a free consultation, and can tell you fairly quickly if you should pursue a claim.  Good luck going forward.  -Jay Mills
Answered on Oct 19th, 2011 at 4:01 PM

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